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Theft of another's likeness

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June 28, 2002 07:54PM
CIVIL CODE SEC. 3344 Use of Another's Photograph without prior consent

3344. (a) Any person who knowingly uses another's photograph,or likeness, in any manner,without such person's prior consent,
shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by him or
her as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing such profits,the injured party or parties are required to present proof only of the gross revenue attributable to such use, Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.

(b) As used in this section, "photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any person, such that the person is readily identifiable

(1) A person shall be deemed to be readily identifiable from a photograph when one who views the photograph with the naked eye can
reasonably determine that the person depicted in the photograph is the same person who is complaining of its unauthorized use.

(2) If the photograph includes more than one person so identifiable, then the person or persons complaining of the use shall be represented as individuals rather than solely as members of a definable group represented in the photograph. A definable group
includes, but is not limited to, the following examples: a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team.

(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.
SubjectAuthorViewsPosted

Naked Man & TikiBeachClub invade privacy

katrina island 931June 28, 2002 04:57PM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 513June 28, 2002 06:45PM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 575June 28, 2002 06:50PM

Theft of another's likeness

katrina island 562June 28, 2002 07:54PM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 537June 28, 2002 08:28PM

Re: Naked Man & TikiBeachClub invade privacy

Rick 889July 03, 2002 01:48PM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 548June 28, 2002 09:14PM

Re: Naked Man & TikiBeachClub invade privacy

Laughing Bear 493June 28, 2002 11:18PM

Re: Naked Man & TikiBeachClub invade privacy

Tiki 531June 29, 2002 05:32AM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 544June 29, 2002 08:26AM

Re: Naked Man & TikiBeachClub invade privacy

Paul P. 509June 29, 2002 11:13AM

Re: Naked Man & TikiBeachClub invade privacy

Laughing Bear 537June 30, 2002 09:47PM

Re: Naked Man & TikiBeachClub invade privacy

Naked Man 572June 30, 2002 09:50AM

Re: Naked Man & TikiBeachClub invade privacy

sycamore laughing 509June 30, 2002 01:14PM

Re: Naked Man & TikiBeachClub invade privacy

Wizard 521June 30, 2002 10:05AM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 512June 30, 2002 11:06AM

Re: Naked Man & TikiBeachClub invade privacy

DCR 536June 30, 2002 06:48PM

Re: Naked Man & TikiBeachClub invade privacy

SmokeScreener 597June 30, 2002 07:16PM



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